HomeMy WebLinkAbout2019-07-14-301.011
ZONING ORDINANCE
CITY OF WAUKEE, IOWA
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING
REGULATIONS FOR THE CITY OF WAUKEE, IOWA, AND PROVIDING FOR
THE ADMINISTRATION, ENFORCEMENT, AND AMENDMENT THEREOF,
IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 414, CODE OF
IOWA, AND FOR THE REPEAL OF CHAPTER 301 OF THE MUNICIPAL
CODE AND ALL ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, Chapter 414, Code of Iowa, empowers the City of Waukee to enact a
zoning ordinance and to provide for its administration, enforcement, and amendment, and
WHEREAS, the City Council deems it necessary for the purpose of promoting the
health, safety, morals, and general welfare of the City of Waukee to enact such an
ordinance, and
WHEREAS, the City Council, pursuant to the provisions of Chapter 414, Code of Iowa,
has appointed a Zoning Commission to recommend the boundaries of the various original
districts and appropriate regulations to be enforced therein, and
WHEREAS, the Zoning Commission has divided the city into districts and has prepared
regulations pertaining to such districts in accordance with an approved comprehensive
plan, designed to preserve the availability of agricultural land; to consider the protection
of soil from wind and water erosion; to encourage efficient urban development patterns;
to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to
promote health and the general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to promote the
conservation of energy resources; to promote reasonable access to solar energy; and to
establish adequate provisions for transportation, water, sanitation, schools, parks, and
other public requirements, and
WHEREAS, the Planning and Zoning Commission has given reasonable consideration,
among other things, to the character of districts and their peculiar suitability for particular
uses, with a view to conserving the value of buildings and encouraging the most
appropriate use of land throughout the municipality, and
WHEREAS, the Planning and Zoning Commission has made a preliminary report and
submitted its final report to the City Council, and
WHEREAS, the City Council has given due public notice of hearings related to zoning
districts, regulations, and restrictions, and has held such public hearings, and
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WHEREAS, all requirements of Chapter 414, Code of Iowa, with regard to the
preparation of the report of the Zoning Commission and the subsequent action of the City
Council have been met;
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF WAUKEE, IOWA:
CHAPTER 301
SECTION
§301.1.Title. This Ordinance shall be known and may be cited and
referred to as the "Zoning Ordinance" of the City of Waukee, Iowa, and shall be referred
to herein as "this ordinance."
§301.2.Interpretation of Standards. In their interpretation and
application, the provisions of this ordinance shall be held to be minimum requirements.
Where this ordinance imposes a greater restriction than is imposed or required by other
provisions of law or by other rules or regulations or ordinances, the provisions of this
ordinance shall control. If any other statute, ordinance or regulation imposes higher
standards than are required by this ordinance, such statute, ordinance or regulation shall
control. Any regulation adopted under the authority of this ordinance which relates to a
structure, building, dam, obstruction, deposit, or excavation in or on the flood plains of a
river or stream, shall require prior approval of the Iowa Department of Natural Resources
and the U.S. Army Corps of Engineers to establish, amend, supplement, change or
modify such regulation or to grant a variation or exception from it.
§301.3.Definitions. For the purpose of this ordinance certain terms and
words are hereby defined. Words used in the present tense shall include the future, the
singular number shall include the plural and the plural number includes the singular; the
word "shall" is mandatory, and the word "may" is permissive; the word "person" includes
a firm, association, organization, partnership, trust, estate, company, or corporation as
well as an individual; the words "used" or "occupied" include the words intended,
designed, or arranged to be used or occupied. The word "lot" includes the words "plot"
or "parcel."
Accessory Use or Structure: A use or structure subordinate to the principal use
of another building on the lot or site with, and serving a purpose customarily incidental to
the use of the principal building.
Adult: As used in this ordinance refers to a person who has attained the age of
eighteen years.
Adult Entertainment Businesses: A business which as a part of or in the process
of delivering goods and services displays to its patrons specified sexual activities or
specified anatomical areas in printed form or through any form of photographic medium
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or by use of male or female models. In reference to the above, the following definitions
shall apply:
A. Specified sexual activities means any sexual contact, actual or simulated,
either natural or deviate, between two or more persons, or between a
person and an animal, by penetration of the penis into the vagina or anus,
or by contact between the mouth or tongue and genitalia or anus, or by
contact between a finger of one person and the genitalia of another person
or by use of artificial sexual organs or substitute therefor in contact with
the genitalia or anus.
B. Specified anatomical areas include the following: human genitals, pubic
region, buttocks, and female breasts below a point immediately above the
top of the areola.
C. Substantial means more than twenty-five percent of the book, magazine,
film or video tape inventory are distinguished or characterized by their
emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
D. Adult Art or Adult Modeling Studio: An establishment or business
which provides the services of modeling for the purpose of viewing and/or
reproducing the human body wholly or partially in the nude by means of
photography, painting, sketching, drawing or otherwise; provided entrance
to such establishment and such services are available only to adults.
E. Adult Artist - Body Painting Studio: An establishment or business
which provides the services of applying paint or other substance whether
transparent or nontransparent to or on the human body when such body is
wholly or partially nude; provided entrance to such establishment and such
services are available only to adults.
F. Adult Bath House: An establishment or business which provides the
services of baths of all kinds, including all forms and methods of
hydrotherapy; provided entrance to such establishment and such services
are available only to adults; and not including such services provided by a
medical practitioner or professional physical therapist licensed by the
State of Iowa.
G. Adult Book Store: An establishment or business having a substantial part
of its stock in trade, books, magazines, photographs, pictures and other
periodicals which are distinguished or characterized by their emphasis on
matter depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas" as defined herein and limited in sale of such
sexual materials to adults.
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H. Adult Cabaret: A cabaret which features go-go dancers, exotic dancers,
strippers, male or female impersonators, or similar entertainers.
I. Adult Motel: A motel wherein material is presented which is
distinguished or characterized by an emphasis on depicting or describing
"specified sexual activities" or "specified anatomical areas."
J. Adult Motion Picture Arcade: Any place to which the public is
permitted or invited wherein coin or slug-operated or electronically,
electrically or mechanically controlled still or motion picture machines,
projectors, or other image-producing devices are maintained to show
images to five (5) or fewer persons per machine at any one time, and
where the images so displayed are distinguished or characterized by an
emphasis on matter depicting or describing "specified sexual activities" or
"specified anatomical areas."
K. Adult Motion Picture Theater: An enclosed building used for presenting
material distinguished or characterized by an emphasis on matter depicting
or describing "specified sexual activities" or "specified anatomical areas"
for observation by patrons therein.
L. Adult Mini Motion Picture Theater: An enclosed building with a
capacity for less than 50 persons used for presenting motion pictures,
slides or photographic reproductions distinguished or characterized by an
emphasis on matters depicting, describing or relating to "specified sexual
activities" or "specified anatomical areas" as defined herein for
observation by patrons therein.
M. Massage: Any method of treating the external parts of the human body by
rubbing, stroking, kneading, tapping or vibrating with the hand, other parts
of the body, or any instrument, for any consideration or gratuity.
N. Massage Establishment: Any establishment having a fixed place of
business where massages are administered for any form of consideration
or gratuity, including but not limited to, massage parlors, health clubs,
sauna baths, and steam baths. This definition shall not be constructed to
include an establishment employing (1) persons licensed by the State of
Iowa under the provisions of Chapters 148, 148A, 148B, 150, 150A, 151,
152, 157 or 158 of the Iowa Code, when performing massage services as a
part of the profession or trade for which licensed; (2) persons performing
massage therapy or massage services under the direction of a person
licensed as described in (1) above; (3) persons performing massage
therapy or massage services upon a person pursuant to the written
instruction or order of a licensed physician; (4) nurses, aides, technicians
and attendants at any hospital or health care facility licensed pursuant to
Chapter 135B, 135C or 145A of the Iowa Code, in the course of their
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employment and under the supervision of the administrator thereof or of a
person licensed as described in (1) above; (5) an athletic coach or trainer
(I) in any accredited public or private secondary school, junior college,
college or university, or (ii) employed by a professional or
semi-professional athletic team or organization, in the course of his or her
employment as such coach or trainer. This definition shall not be
construed to include a volunteer fire department, a volunteer rescue squad
or a nonprofit organization operating a community center, swimming pool,
tennis court, or other educational, cultural, or recreational and athletic
facilities, and facilities for the welfare of the residents of the area.
O. Model Studio: Any establishment where for any form of consideration or
gratuity, models who display specified anatomical areas are provided to be
observed, or subject to lawful tactile conduct, sketched, drawn, painted,
sculptured, photographed, or similarly depicted by persons paying such
consideration or gratuity, or where for any form of consideration or
gratuity, nude or semi-nude dancing, readings, counseling sessions, body
painting and other activities that present materials distinguished or
characterized by an emphasis on matter depicting, describing or relating to
specified sexual activities or specified anatomical areas are provided for
observation by or communication to persons paying such consideration or
gratuity.
P. Model: Any person who for consideration or gratuity appears either nude
or semi-nude to be either viewed, photographed, sketched, drawn,
sculptured; to dance; to provide reading or counseling sessions; for body
painting; to deliver a service or in connection with the sale of
merchandise; or to present materials distinguished or characterized by an
emphasis on matter depicting, describing or relating to specified sexual
activities or specified anatomical areas.
Q. Nude Encounter Parlor: An establishment having a fixed place of
business where any person, therein engages in, conducts, or carries on, or
permits to be engaged in, conducted or carried on, any business of viewing
any person or persons or the actual encounter of any person or persons
depicting, describing or relating to "specified sexual activities" as defined
herein.
R. Nude Photographic Parlor: An establishment having a fixed place of
business, where any person, association, firm or corporation therein
engages in, conducts, or carries on, or permits to be engaged in, conducted
or carried on any business of photographing any person or persons
depicting, describing or relating to "specified sexual activities" or
"specified anatomical areas," as defined herein.
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Agriculture: The use of land for purposes of growing the usual farm products,
including vegetables, fruit, trees and grains; pasturage; dairying; animal and poultry
husbandry; and the necessary accessory uses for treating or storing the produce; provided
that the operation of such accessory uses shall be secondary to that of the regular
agricultural activities.
Alley: A public way, other than a street, twenty (20) feet or less in width
affording secondary means of access to abutting property.
Automobile Wrecking: The dismantling or wrecking of motor vehicles or
trailers, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts.
The presence on any lot, parcel or tract of land, of three (3) or more vehicles which for a
period exceeding thirty (30) days have not been capable of operating under their own
power, and from which parts have been removed or are to be removed for reuse, salvage,
or sale, shall constitute prima facie evidence of an automobile wrecking yard.
Basement: A story having part but not more than one-half (2) of its height below
grade. A basement is counted as a story for the purpose of height regulation.
Bed and Breakfast Home: Means a private residence which provides lodging
and meals for guests, in which the host and/or hostess resides and in which no more than
two guest families are lodged at the same time and which, while it may advertise and
accept reservations, does not hold itself out to the public to be a restaurant, hotel or
motel, does not require reservations and serves food only to overnight guests.
Board: The Board of Adjustment of the City of Waukee.
Boarding House: A building other than a hotel or motel where for compensation,
meals, or lodging and meals are provided for four (4) or more persons.
Buffer Zone: An area of land used to visibly separate one use from another or to
shield or block noise, lights, or other nuisances.
Building: Any structure designed or intended for the support, enclosure, shelter or
protection of persons, animals or property, but not including signs or billboards.
Building, Height of: The vertical distance from the average finished grade at the
building line to the highest point of the coping of a flat roof, or to the deck line of a
mansard roof, or to the average height of the highest gable of a pitch or hip roof. (See
Attachment A for illustrations.)
Building Line: The outer boundary of a building established by the location of its
exterior walls or any projections other than steps, unenclosed balconies, or unenclosed
porches.
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Building, Temporary: A building which is not permanently affixed to the
property, and is permitted to exist for a specific reason for no more than two years.
June 4, 2007 – Ordinance 2603
Bulk Stations: Distributing stations, commonly known as bulk or tank stations,
used for the storage and distribution of flammable liquids or liquefied petroleum
products, where the aggregate capacity of all storage tanks is more than twelve thousand
(12,000) gallons.
Carport: A roofed structure providing space for the parking of motor vehicles
and enclosed on not more than two (2) sides. For the purpose of this ordinance a carport
attached to a principal building shall be considered as part of the principal building and
subject to all yard requirements herein.
Cellar: That portion of a building having more than one-half (2) of its height
below grade. A cellar is not included in computing the number of stories for the purpose
of height measurement.
Clinic, Medical or Dental: A building or buildings in which physicians, dentists,
or physicians and dentists, and allied professionals, are associated for the purpose of
carrying on their profession.
Commission: Planning and Zoning Commission of the City of Waukee.
Consumer Fireworks means First-Class consumer fireworks and Second-Class
consumer fireworks as set forth under Iowa Coe Chapter 100.
May 30, 2017 – Ordinance 2846
Consumer Fireworks Sales means an establishment used for the retail display
and sale of consumer fireworks. For the purposes of the Zoning Ordinance, a retail
operation in which less than fifty percent (50%) of the retail floor space is devoted to the
sale or display of Second-Class consumer fireworks shall not be considered a consumer
fireworks sales use.
May 30, 2017 – Ordinance 2846
Convenience Store: Establishment primarily engaged in the retail sale of food,
household and entertainment products for home consumption including sale of vehicle
fuel.
Day Nursery or Nursery School: Any private or public agency, institution,
establishment or place which provides supplemental parental care and/or educational
work, other than lodging overnight, for six (6) or more unrelated children of the owners
or operators, of pre-school age, for compensation.
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Display Fireworks Sales means an establishment used for the manufacturing,
storage or distribution of any firework classified as a 1.3G Firework by the American
Pyrotechnics Association.
May 30, 2017 – Ordinance 2846
District: A section or sections of the City of Waukee within which the regulations
governing the use of buildings and premises or the height and area of buildings and
premises are uniform.
Driveway: A permanently surfaced area providing vehicular access between a
street and an off-street parking or loading area.
Dwelling: Any stationary, permanent building, or portion thereof, which is
designed or used exclusively for residential purposes, but not including a tent, cabin,
trailer or mobile home.
Dwelling, Single Family, Split Foyer: A dwelling in which living space is on
two levels with a foyer between the two levels.
Dwelling, Single Family, Split Level: A dwelling having living space on three or
more levels no part of which is more than two stories in height, and in which each
successive level is less than a full story higher than the next.
Dwelling, Single Family: A detached residence designed for or occupied by one
family only.
Dwelling, Two-Family: A residence designed for or occupied by two (2) families
only, with separate housekeeping, bathroom, and cooking facilities for each.
Dwelling, Multiple: A residence designed for or occupied by three (3) or more
families, with separate housekeeping, bathroom, and cooking facilities for each.
Dwelling, Condominium: A multiple dwelling as defined herein whereby the
title to each dwelling unit is held in separate ownership, and the real estate on which the
units are located is held in common ownership solely by the owners of the units with each
owner having an undivided interest in the common real estate.
Dwelling, Row: Any one of three or more attached dwellings in a continuous
row, each such dwelling designed and erected as a unit on a separate lot and separated
from one another by an approved wall or walls. Also referred to as a "townhouse."
Dwelling Unit: A room or group of rooms which are arranged, designed or used
as living quarters for the occupancy of one family containing bathroom and kitchen
facilities.
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Family: One or more persons occupying a single dwelling unit, provided that
unless all members are related by blood, marriage, or adoption, no such family shall
contain over four (4) persons.
Feed Lot: Any parcel of land or premises on which the principal use is the
concentrated feeding within a confined area of livestock. Livestock includes cattle,
horses, sheep, swine, poultry, goats, rabbits, and any other animal or fowl which are
being produced primarily for use as food or food products for human consumption, or for
laboratory or testing purposes. The feed lot does not include areas which are used for the
raising of crops or other vegetation, and upon which livestock are allowed to graze or
feed.
Fences, Walls and Hedges: Decorative and/or enclosing devices used along
boundary lines of lots. Fences, walls and hedges may be constructed up to the lot line in
accordance with the height rules set out in this ordinance.
Garage, Private: An accessory building or an accessory portion of the main
building, designed and/or used for the shelter or storage of vehicles owned or operated by
the occupants of the principal building. A private garage, of less than four (4) car
capacity, may be rented for the private vehicles of persons not resident on the premises.
Garage, Public: A structure other than a private garage, used for the shelter or
storage of motor powered vehicles and in which the care, minor servicing and washing
are accessory to the principal use.
Gas Station: A structure designed or used for the retail and/or wholesale sale or
supply of fuels, lubricants, air, water, washing and polishing services, and other operating
commodities or accessories for motor vehicles and including the customary space and
facilities for the installation of such commodities or accessories on or in such vehicles,
but not including space or facilities for the storage, painting, major repair, refinishing,
body work or other major servicing of motor vehicles. Major repairs are defined to be
spray painting, body, fender, clutch, transmission, differential, axle, spring and frame
repairs; major overhauling of engines requiring the removal of engine cylinder head or
crankcase pan; repairs to radiators requiring the removal thereof; or complete recapping
or re-treading of tires.
Grade: The average elevation of the finished ground at the exterior walls of
structure.
Home Occupation: A home occupation is a business, profession, occupation or
trade conducted for gain or support entirely within a residential building, or a structure
accessory thereto, which is incidental and secondary to the use of such building for
dwelling purposes and which does not change the essential residential character of such
building.
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Hotel/Motel: A building or buildings in which lodging is provided and offered to
the public for compensation, and which is open to transient guests, in contradistinction to
a boarding house or rooming house.
Junk: Old and dilapidated automobile, trucks, tractors, and other such vehicles
and parts thereof, wagons and other kinds of vehicles and parts thereof, scrap, used
building material, scrap contractor's equipment, tanks, casks, cans, barrels, boxes, drums,
piping, bottles, glass, old iron, machinery, rags, paper, excelsior, hair, mattresses, beds, or
bedding or any other kind of scrap or waste material which is stored, kept, handled, or
displayed for barter, resale, reuse, salvage, stripping, or trade.
Junk Yard: Any area where junk is bought, sold, exchanged, baled or packed,
disassembled or handled, including house wrecking yards, used lumber yards and places
or yards for storage of salvaged house wrecking or structural steel materials and
equipment; but not including areas where such uses are conducted entirely within a
completely enclosed building, and not including the processing of used, discarded or
salvaged materials necessary as a part of manufacturing operations. The presence on any
property of four (4) or more motor vehicles (as defined by Chapter 321.1 of the Code of
Iowa) without current registration which for a period exceeding thirty (30) days have not
been capable of operating under their own power, and/or from which parts have been
removed for re-use, salvage, or sale, shall constitute prima facie evidence of a junk yard.
Kennel: The keeping of any dogs, cats, or other household pets of mammal group
regardless of number, for sale, breeding, boarding or treatment purposes, except in an
animal hospital, veterinary clinic, or pet shop, as may be permitted by law, or the keeping
of more than one (1) dog or cat on vacant property or on property used for business or
commercial purposes, shall constitute a kennel. The keeping of not more than three (3)
dogs and three (3) cats in a residential district shall not be deemed to be a kennel, unless
kept for sale, breeding, boarding or treatment purposes. Any person keeping more than
three dogs and three cats in a residential district on the effective date of this ordinance
(September 10, 2001), registered as required by ordinance, may continue to keep such
dogs or cats during the pet’s lifetime.
September 10, 2001 – Ordinance 2353
Living Space: That part of the building which is enclosed and supported upon the
main foundation system of the structure excluding garage and cellar.
Lodging or Rooming House: A building where a room or rooms are provided for
compensation for four (4) or more persons.
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Lot: For the purpose of this ordinance, a lot is a parcel of land of at least
sufficient size to meet minimum zoning requirements for use, coverage, and area, and to
provide such yards and other open spaces as are herein required. Such lot shall have
frontage on an improved public street, or on an approved private street, and may consist
of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and
portions of lots of record, or of portions of lots of record; or
D. A parcel of land described by metes and bounds; provided that in no case
of division or combination shall any residual lot or parcel be created which
does not meet the requirements of this ordinance.
Lot, Corner: A lot abutting upon two (2) or more streets at their intersection.
Lot, Depth: The mean horizontal distance between the front and rear lot lines.
Lot, Double Frontage: A lot having a frontage on two (2) nonintersecting streets,
as distinguished from a corner lot.
Lot, Interior: A lot other than a corner lot.
Lot Lines: The lines bounding a lot, including the right-of-way line of any public
road, highway or alley acquired by easement.
Lot of Record: A lot which is part of a subdivision, or a plat of survey, the deed
of which is recorded in the office of the County Recorder of Dallas County, or a lot or
parcel described by metes and bounds, the description of which has been so recorded.
Lot Width: The width of a lot measured at the building line and at right angles to
its depth.
Lot, Reversed Frontage: A corner lot, the side street line of which is
substantially a continuation of the front lot line of the first platted lot to its rear. (See
Attachment A for illustrations of lot types.)
Manufactured Home: A factory-built single-family structure, which is
manufactured or constructed under the authority of 42 U.S.C. Sec. 5403, Federal
Manufactured Home Construction and Safety Standards, and is to be used as a place for
human habitation, but which is not constructed with a permanent hitch or other device
allowing it to be moved other than for the purpose of moving to a permanent site, and
which does not have permanently attached to its body or frame any wheels or axles. A
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mobile home is not a manufactured home. For the purpose of these regulations,
manufactured home shall be considered the same as any site built single-family detached
dwelling.
Mini-warehouse: A building or group of buildings not more than one (1) story
and twenty (20) feet in height and not having any other dimension greater than one
hundred fifty (150) feet per building, containing varying sizes of individualized,
compartmentalized, and controlled stalls or lockers for the dead storage of customers'
goods or wares, excluding junk, explosive, or flammable materials, and other noxious or
dangerous materials, including if any, caretaker or supervisor's quarters as an accessory
use. No business activities other than rental of storage units shall be conducted on the
premises.
Mobile Home: Any vehicle without motive power used or so manufactured or
constructed as to permit its being used as a conveyance upon the public streets or
highways and so designed, constructed, or reconstructed as will permit the vehicle to be
used as a place for human habitation by one or more persons; but shall also include any
such vehicle with motive power not registered as a motor vehicle in Iowa. A mobile
home is factory-built housing built on a chassis. A mobile home shall not be construed to
be a travel trailer or other form of recreational vehicle. A mobile home shall be
construed to remain a mobile home, subject to all regulations applying thereto, whether
or not wheels, axles, hitch, or other appurtenances of mobility are removed and regardless
of the nature of the foundation provided. Nothing in this ordinance shall be construed as
permitting a mobile home in other than an approved mobile home park.
Mobile Home Park: Any lot or portion of a lot upon which one (1) or more
trailers or mobile homes, occupied for dwelling or sleeping purposes, are located
regardless of whether or not a charge is made for such accommodation. (See Attachment
A for illustration of mobile home park setback lines.)
Modular Home: Factory-built housing certified as meeting the State Building
Code and federal requirements as applicable to modular housing. Once certified, modular
homes shall be subject to the same standards as site built homes.
Motel Motor Lodge: A building or a group of attached or detached buildings
containing individual sleeping or living units for overnight tourists, with garage attached
or parking facilities conveniently located to each such unit.
Nonprofit Institution: A nonprofit establishment maintained and operated by a
society, corporation, individual, foundation or public agency for the purpose of providing
charitable, social, educational, or similar services to the public, groups, or individuals.
Cooperative nonprofit associations, performing a service normally associated with retail
sales or trade such as cooperative groceries, granaries, equipment sales, etc., shall not be
considered a nonprofit institution under this ordinance.
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Nonconforming Use: Use of a building or of land that does not conform to the
regulations as to use for the district in which it is situated.
Nursing or Convalescent Home: A building or structure having
accommodations and where care is provided for three or more invalid, infirmed, aged,
convalescent, or physically or mentally disabled or injured persons.
Parabolic or Dish-type Antenna: A concave, circular or dish-shaped device
designed for receiving communications or television signals from a satellite.
Parking Space (Off-street): A permanently surfaced area of not less than one
hundred seventy-one (171) square feet (9 feet x 19 feet) plus necessary maneuvering
space for the parking of a motor vehicle. Space for maneuvering, incidental to parking or
unparking, shall not encroach upon any public right-of-way. (See Attachment A for
parking illustration.)
Porch, Unenclosed: A roofed projection which has no more than fifty (50)
percent of each outside wall area permanently enclosed by a building or siding material
other than meshed screens.
Principal Building: Any structure designed and used, or intended to be used, for
one of the "Principal Permitted Uses" listed in each of the zoning districts as set out in
this ordinance.
Principal Use: The main use of land or structures as distinguished from an
accessory use.
Restaurant: An establishment which principally is engaged in the preparation
and retail sale of food and beverages, including the sale of alcoholic beverages when
conducted as a secondary feature of the use, producing less than 50 percent of the
establishment's gross income.
Rooming House: A building where a room or rooms are provided for
compensation to four (4) or more persons.
Story: That portion of a building included between the surface of any floor and
the surface of the floor next above it. If there is no floor above it, then the space between
such floor and the ceiling or roof next above it shall be considered a story.
Story, Half: A space under a sloping roof which has the line of intersection of
roof decking and exterior wall face not more than four (4) feet above the top floor level.
Street Line: The right-of-way line of a street, alley or road.
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Street or Road, Private: Any private right-of-way twenty (20) feet or more in
width which shall be approved by the City Council after recommendation by the
Commission.
Street or Road, Public: Any thoroughfare or public way not less than twenty
(20) feet in width, which has been dedicated to the public or deeded to or acquired by the
City or County for street purposes; and also any such public way as may be created after
enactment of this ordinance, provided it is fifty (50) feet or more in width.
Structural Alterations: Any replacement or change in the type of construction or
in the shape or size of a building or of the supporting members of a building or structure
such as bearing walls, columns, beams, arches, girders, floor joist, or roof trusses, beyond
ordinary repairs and maintenance.
Structure: Anything constructed or erected with a rigid or fixed location on the
ground, or attached to something having a fixed location on the ground. Among other
things, structures include buildings, walls, fences (more than six feet in height),
billboards, solar collectors and dish antennae.
Trailer Park: See "Mobile Home Park."
Travel Trailer: A recreational vehicle, with or without motive power; designed
as a temporary dwelling, not exceeding eight (8) feet in width and forty (40) feet in
length, exclusive of separate towing unit. The term "travel trailer" shall include pick-up
coach, motor home, camp trailer, tent trailer, or other similar mobile and temporary
dwellings commonly used for travel, recreation or vacation quarters.
Travel Trailer Park: A parcel of land upon which two (2) or more spaces are
provided, occupied or intended for occupancy by travel trailers for transient purposes.
Vehicle, Antique: A motor vehicle twenty-five (25) years old or older, as
provided and regulated by Section 321.115, Code of Iowa.
Vehicle, Motor: A self-propelled device used for transportation of people or
goods over land surfaces and licensed as a motor vehicle.
Vehicle, Inoperable: Any motor vehicle which lacks current registration or two
or more wheels or other component parts the absence of which renders the vehicle unfit
for legal use on streets.
Yard: An open space on the same lot with a building or structure unoccupied and
unobstructed by any portion of a structure from thirty-six (36) inches above the general
ground level of the graded lot upward, except as may be provided by other sections of
this ordinance. In measuring a yard for the purpose of determining the depth of a front
yard or the depth of a rear yard, the least distance between the lot line and the main
building shall be used. In measuring a yard for the purpose of determining the width of a
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side yard, the least distance between the lot line and the nearest permitted building shall
be used except that in no case shall any eave or overhang (or any other projection) extend
into the said front, side, or rear yard by more than 24". If eaves or overhangs exceed 24",
then the building shall be set back into the permissible building area as necessary to
eliminate any eaves or overhangs from extending more than 24".
Yard, Front: A yard extending across the full width of the lot and measured
between the front lot line and the front of the building other than the projection of the
usual steps or unenclosed porches. The narrow frontage on a corner lot is considered the
front lot line regardless of where the building entrance is located. See "Yard" for eave or
overhang limitations.
Yard, Side: A yard extending from the front yard to the rear yard and measured
between the side lot lines and the building. See "Yard" for eave or overhang limitations.
Yard, Rear: A yard extending across the full width of the lot and measured
between the rear lot line and the building other than steps, unenclosed balconies or
unenclosed porches. An unenclosed balcony or porch is one in which 50% or less of the
side walls of said balcony or porch are enclosed by screen, glass, or other material and
includes a deck. On both corner lots and interior lots, rear yard is the opposite end of the
lot from the front. See "Yard" for eave and overhang limitations.